"Insulting and threatening with death is a cause of responsibility" - a lawyer

The employees of the water supply company met with active resistance during their raids in order to ensure recovery from indebted consumers. He was insulted and threatened with death. The lawyer gave an opinion about the mutual obligations of the enterprise and the consumer, and the legal consequences of such cases.
The video showing the resistance of the consumers to the employees of the water supply company is causing discussions. There is a question of liability for such behavior of consumers in the legislation.

Water is not free...

The state and citizens are equally responsible for preventing unnecessary consumption of water and saving it.

According to Article 3 of the Law "On Water and Water Use", water is the state property of the Republic of Uzbekistan - national wealth. It should be used wisely, and the water is protected by the state.

Article 351 of this law defines the obligations of water consumers, according to which water consumers have the following obligations:

that water consumers should take care of rational use of water resources, not allowing water to be used without purpose, saving water, restoring and improving water quality;

compliance with established water intake limits and water consumption rules;

not allow violation of the rights and legal interests of other water consumers and water users, as well as damage to water objects, economic objects and natural resources (land, flora and fauna, minerals, etc.);

timely payment of fees for the use of water resources, as well as water delivery services and other water management services provided on a contractual basis.

Therefore, in accordance with the legislation, all consumers must pay on time for the use of water resources, as well as for water delivery and other water management services provided.

In accordance with the decree of the President of November 26, 2019 "On measures to improve the management of water resources of the Republic of Uzbekistan in order to increase the level of provision of drinking water to the population and improve its quality", the joint-stock company "Uzsuvtaminot" was established done. From January 1, 2020, the functions of MIB to ensure the completeness and timely implementation of payments for the provided water supply and water removal services, to reduce consumer indebtedness "Ozsuvtaminot" It was transferred to JSC and its affiliated organizations.

Water to consumers (sub-consumers) in accordance with the rules of provision of services for water supply and waste water to consumers, approved by the decision of the Cabinet of Ministers of July 15, 2014 "On approval of the rules for the provision of communal services" delivery and reception of waste water from them is carried out only if there is an agreement concluded between water pipelines - sewage management organizations (ISKK) and the consumer (sub-consumer).

Consumers of drinking water supply and water supply services are charged for the average consumption of the last three months in the presence of metering devices, and in the absence of metering devices, according to the monthly consumption norm for the following month. they should make 100 percent advance payment by the 10th of the month.

Legal entities pay a penalty of 0.4 percent, and individuals pay a penalty of 0.1 percent for each day of delay in payment. But this indicator should not exceed 50% of the total delayed amount.

If consumers do not make 100 percent advance payments for the next month by the 10th of each month, after five working days from the time when the ISKX organization notifies the consumers in writing, the debts shall be paid to the consumers in accordance with the law. takes recovery measures by disconnecting from water supply and water supply networks.

If the water consumer has doubts about the incorrect calculation, within 5 days after receiving the payment document, inform the ISXK organization about the incorrect calculation (incorrectly calculated tariffs and similar cases) a written objection should be submitted. The appeal will be considered by the ISKX organization within 10 days. If they are found to be reasonable, the overpaid amount will be transferred to the account of the next payment document. The consumer must be informed about the consideration of the appeal by means of communication within 3 days after the end of the period for consideration of the appeal. If the consumer is not notified within the specified period, the issue is considered to be resolved in favor of the consumer.

Water supply workers are consumers

has the right to disconnect from the network

Water supply employees have the right to take measures to collect payment by disconnecting consumers from drinking water supply and water supply networks. If the consumers do not pay the debt even after disconnection from the networks, they will apply to the civil court in accordance with Articles 26 and 171 of the Code of Civil Procedure. The court order enters into legal force ten days after its issuance and is subject to mandatory execution by state enforcement officers of the MIB bodies.

There is a penalty for threats and insults

In the videos spread on social networks, it can be seen that a number of illegal actions were carried out by consumers against water supply workers. In this case, such actions may be the cause of criminal liability.

In particular, in accordance with the third part of Article 140 of the Criminal Code, if the insult was committed in connection with the performance of the victim's service or civic duty, a fine in the amount of 400 to 600 times the BHM or two to three years of correctional work or up to one year shall be punished by restriction of liberty. Insulting the victim in connection with the performance of his service or civic duty is considered an aggravating circumstance and this situation does not lead to administrative liability, but to direct criminal liability.

At the same time, in accordance with the third part of Article 112 of the Criminal Code, if the threat of killing or using violence was committed against a person or his close relatives in connection with the performance of his service or civil duty, from 300 to 360 hours is mandatory. shall be punished by public service or correctional work for two to three years or restriction of liberty for one to three years or deprivation of liberty for one to three years.

In addition, intentional bodily injury to a person or his close relatives in connection with the performance of one's service or civic duty is a cause of criminal liability in accordance with Articles 104-105 and 109 of the Criminal Code, depending on the degree of injury.

If consumers consider the amount of payment calculated by water supply workers to be unjustified and incorrect, they can apply to the civil court in accordance with Article 26 of the Code of Civil Procedure and protect their rights and legal interests. has the right to legal protection.

Adham Ahrorov,
Tashkent State Law University
Department of Administrative and Financial Law
senior teacher.
Source: Kun.uz